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of 235 available terms
(8 exact duplicates found)

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5 Written questions

5 Matching questions

  1. Reversible error
  2. Negligence
  3. Request for admissions
  4. Writ of execution
  5. Unauthorized practice of law
  1. a When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
  2. b A court order authorizing a sheriff to take property in order to enforce a judgment.
  3. c An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
  4. d The failure to act reasonably under the circumstances.
  5. e A document that lists statements regarding specific items for the other party to admit or deny.

5 Multiple choice questions

  1. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable, voluntary compromise.
  2. Powers not stated in the Constitution but that are necessary for Congress to carry out other, expressly granted powers.
  3. The pleading that begins a lawsuit.
  4. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
  5. The doctrine stating that normally once a court has decided one way on a particular issue, it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the need for change.

5 True/False questions

  1. Harmless errorWhen an appellate court overturns or negates the decision of a lower court.

          

  2. RetainerThe delivery of a pleading or other paper in a lawsuit to the opposing party.

          

  3. Writ of habeas corpusA request that the court release the defendant because of the illegality of the incarceration.

          

  4. InformationA person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.

          

  5. 4 ways in which civil law is different than criminal law.Civil is Plaintiff v. defendant; criminal is State v. the People. Standard of proof is different. Civil must prove by the preponderance of the evidence and criminal is beyond a reasonable doubt. Harm is different. Civil involves harm to an individual and criminal is harm to society as a whole. And in civil they focus on redressing the losses by awarding the plaintiff damages and/or an injunction. In criminal sanctions are designed to punish and to deter future offenders by imposing loss of liberty and/or financial penalty.